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Why do shared hospital rooms not violate HIPAA?

law.stackexchange.com

11–20 of 150 posts

Re: Why do shared hospital rooms not violate HIPAA?

#11
The top comment here is very reasonable, but I still think the application of HIPAA has been a giant mess, reflecting a disdain toward patients similar to everything else in the US healthcare system.

I've ranted on here plenty about how often I've dealt with incorrect bills, and HIPAA plays into that as well. My private information can be shared to "traveling doctors", it can be shared with woefully incompetent contractors who handle billing (or, pretend to), and I received a notice last year that my information had been involved in a data breach and I'm not expecting any compensation. When I had to get a very private and sensitive part of my body imaged, they'll gladly announce to the waiting room my name and what procedure I'm there for, even though it's a rather private and sensitive part of my body - very similar to the shared room concern. I don't care that the people in that room aren't likely to misuse my healthcare information, I don't want them knowing where I found a lump anyway.

And yet HIPAA is often cited to me over the phone as the reason why we can't seem to get incorrect bills figured out for my dependents. It doesn't seem to me that HIPAA actually does much to protect my privacy, but it sure gets used to obfuscate things when there's a problem.

Re: Why do shared hospital rooms not violate HIPAA?

#13
post #7

Why do the paper thin walls between exam rooms at my doctor's office that allow me to hear entire conversations while I am waiting (and waiting) not violate HIPAA?

Reasonable precautions. I've been top IT management in healthcare for 8 years, I'm very well versed with this concept. HIPAA isn't "PHI is Eyes Only Secret!" it's "you have to take reasonable precautions to safeguard data from bad actors." I have a wall between the rooms, each room has doors, and when the doc is talking with you, you can't hear a lot from the next room over. We don't have to make walls soundproof and doors sealing airlocks.

Re: Why do shared hospital rooms not violate HIPAA?

#14
post #9

Because by walking into the hospital, you already gave away the info to any bystander. And all variations thereof.

If you're coming in for a disembowlement, sure, but even then you're only really revealing the condition; your name, history, insurance details etc. are still private information. (The hospital would also still be forbidden from, say, publishing "amelius came in today with with a minor disembowlement" without your permission, no matter how public it was in the waiting room.)

Re: Why do shared hospital rooms not violate HIPAA?

#15

Because health privacy is not ALWAYS HIPAA. In fact, it's almost never HIPAA... except for the fact that some Karen's learned the term HIPAA and now they think it's always HIPAA [1]. Unless it's digital health record-related, then it's probably HIPAA. If you're really curious, you can read HIPAA [2] and HITECH [3]. Combined, they are about 600 pages of dense dense legalese. [1] https://www.hipaajournal.com/is-it-a-hi…

One of the easiest questions to ask of someone who shouts “HIPPO violation!” is “covered entity or business associate?”

“Yes, Dunkin Donuts can give you a free donut if you show your Covid vaccination card. No, the donut shop is not a covered entity or a business associate, so they aren’t bound by HARPO.”

Re: Why do shared hospital rooms not violate HIPAA?

#16
HIPAA is sort of a joke to me. My perspective being that of a patient. Any doctor's office just blindly asks you sign a HIPAA authorization release form. Most patients don't realize that you have a choice to "opt out" and not sign it. But even then it doesn't matter because under HIPAA the provider may still choose to share your personal information for their own reasons.

Sure, I am doing a lot of "hand waving"- I'm not an expert on the law. I'm merely sharing my perspective on this. Would love to understand more about this specific authorization...

Re: Why do shared hospital rooms not violate HIPAA?

#17
My friend spent the night in the hospital recently, for observation.

She didn't sleep a wink. With all the beeping and alarms and periodic checks and procedures. Mostly involving her roommate.

The next morning she was mentally and physically wrecked. the first thing she told the nurse was, "I want to go home so I can get some sleep.

The nurse laughs and replies, "I hear that all the time. Nobody ever sleeps here".

Now that's messed up. Sleep is the great healer. No sleep is the great destroyer. Is this intentional or institutional insanity or what?

I mean why don't they just put strychnine in the water supply while they're at it?

Re: Why do shared hospital rooms not violate HIPAA?

#18
post #5

It is legal because you are agreeing to it. Otherwise get up and leave.

You can't agree to OHSA violations, or to a sub-minimum wage. A hospital conditioning treatment on a HIPAA waiver having been signed will quickly find itself the subject of regulatory scrutiny. I went to war with a doctors' office that claimed their non-compete clause meant I couldn't transfer my medical records to a doctor who'd left the practice I wanted to follow.

That a doctors office can have a non-compete boggles the mind

Re: Why do shared hospital rooms not violate HIPAA?

#20
post #11

The top comment here is very reasonable, but I still think the application of HIPAA has been a giant mess, reflecting a disdain toward patients similar to everything else in the US healthcare system. I've ranted on here plenty about how often I've dealt with incorrect bills, and HIPAA plays into that as well. My private information can be shared to "traveling doctors", it can be shared with woefully incompetent contr…

I once went to the dermatologist, the doctor left the room briefly and had the computer screen open with everyone’s full name and reason for the visit that day…could see who was there for genital warts, Botox, etc. I don’t think anyone should expect that their health info remains private at any point
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